Images of nature abound in the practice of international environmental law but their significance in law is unclear. Drawing on visual jurisprudence, and interpretative methods for visual art, this book analyses photographs for their representations of nature's aesthetic value in treaty processes that concern world heritage, whales and biodiversity. It argues that visual images should be embraced in the prosaic practice of international law, particularly for treaties that demand judgements of nature's aesthetic value. This environmental value is in practice conflated (...) with natural beauty, ethical and cultural values, and displaced by economic and scientific values. Interpretations of visual images can serve instead to critique and conceive sensory, imaginative and emotional appreciations of nature from different cultural perspectives as proposed by philosophers of environmental aesthetics. Addressing questions of value and the visual, this landmark book shows how images can be engaged by nations to better protect the environment under international law. (shrink)

Moral individualists like Jeff McMahan and Peter Singer argue that our moral obligations to animals, both human and non‐human, are grounded in the morally salient capacities of those animals. By contrast, what might be called moral relationalists argue that our obligations to non‐human animals are grounded in our relationship to them. Moral relationalists are of various kinds, from relationalists regarding assistance to animals, such as Clare Palmer and Elizabeth Anderson, to relationalists grounded in a Wittgensteinian view of human practice, (...) such as Cora Diamond and Alice Crary. This article argues that there are, in fact, two distinct types of moral reasons, those based on salient capacities and those based on relationships. Neither type of reason is reducible to the other, and there is no third type to which to reduce them both. Any attempt at reduction would run counter to deep intuitions about our moral relation to non‐human animals as well as to other humans. Among the implications of this is that certain kinds of arguments, such as the argument from marginal cases, seem to be incomplete precisely because they do not capture the complexity of our moral relations to non‐human animals. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

G e moore and ludwig wittgenstein were very different teachers, both because of their differing views on the nature and aims of philosophical investigation, and because of the differences in the way they thought, their educational backgrounds, and the kind of persons they were. this paper records experiences of the two philosophers as teachers and as personalities, and indicates the features of their teaching which stemmed from their views and from their personalities.

The paper explores whether the method of reflective equilibrium (RE) in ethics and political philosophy should be individual or public in character. I defend a modestly public conception of RE, in which public opinion is used specifically as a source of considered judgments about cases. Public opinion is superior to philosophical opinion in delivering judgments that are untainted by principled commitments. A case-based approach also mitigates the methodological problems that commonly confront efforts to integrate philosophy with the investigation of popular (...) attitudes. This conception of RE is situated in relation to alternative accounts, including those of Daniels, Rawls, and Wolff and de-Shalit. (shrink)

Recent philosophical discussion about the relation between fiction and reality pays little attention to our moral involvement with literature. Frank Palmer's purpose is to investigate how our appreciation of literary works calls upon and develops our capacity for moral understanding. He explores a wide range of philosophical questions about the relation of art to morality, and challenges theories that he regards as incompatible with a humane view of literary art. Palmer considers, in particular, the extent to which the (...) values and moral concepts involved in our understanding of human beings can be said to enter into our understanding of, and response to, fictional characters. The scope of his discussion encompasses literary aesthetics, ethics, and epistemology, and he makes extensive reference to literary examples. (shrink)

The paper focuses on the quite famous but also still quite mysterious idea of “immaterial similarity” by Walter Benjamin. Benjamin argues that the production of an immaterial similarity is in some way an act of magic. But it is also at the same time an overcoming of magic itself. And the reason is that the “immaterial similarity” can open the way to a “materialistic perspective”. How can that be? In order to answer, we’ll consider Benjamin’s idea of “matter”. In Benjamin’s (...) early writings matter appears, as we shall see, as something magic. But there is another idea, which is quite near to matter but is not exactly the same: the idea of “stuff”. The stuff is the “material” things are made of. If we search for a definition of it, we can find that it is “the mute, soft and flocky element that – like the snow in the snow globes – clouds over inside the core of things”. We are going to examine this problematic definition. We’ll discover that way that the idea of stuff marks, in comparison to matter, a possibility. A possibility that has to be seized, before it “flits past. (shrink)

This essay examines two texts that Walter Benjamin wrote in 1918, during his period in Bern, on Shakespeare’s comedy As you like it and on Le malade imaginaire by Molière When these texts are considered together, a question arises. What is the role of the comic inside Benjamin’s philosophy, in this period and also in the years to follow? Is the comic really only the other side of mourning, as Benjamin writes in The Origin of German Tragic Drama, or does (...) it also have another significance, a significance of its own? Moreover, why should Shakespeare’s comedy be the opposite of Molière’s comedy, as Benjamin writes in the paper on Molière? In order to answer, we are going to set a connection between Shakespeare’s «unarmed eye» and the «innocence» that Molière’s comedy indicates. This will also lead us to another text that was of much significance to Benjamin, Stendhal’s Charterhouse of Parma. Here too, as in As you like it, there is an innocent protagonist trying to escape from the evil of a court. Yet Shakespeare’s As you like it ends with the reconstruction of a court. What does Benjamin mean, then, when he states that in As you like it «everything ends in loneliness»? The answer will provide a point of convergence between Shakespeare’s and Molière’s comedy. Benjamin’s idea of «Weltlichkeit», of which comedy is a necessary part, will prove to be an alternative to the “armed” character of the court. (shrink)

According to the received view in the literature on homonymy and polysemy representation, there is a difference between how polysemes and homonyms are represented in our mental lexicons. More concretely, the received view holds that whereas the meanings associated with a homonymous expression are (mentally) represented in separate lexical entries, the meanings associated with a polysemous expression are represented together in a single lexical entry. It is usually argued that this is the picture that is supported by the growing body (...) of empirical evidence coming from psycholinguistics. Empirical studies of ambiguity processing and resolution consistently show that polysemous expressions enjoy various processing advantages compared to homonyms, and the received view is generally taken to be required in order to explain these results. The aim of this paper is not only to show that this is not the case but also, and more fundamentally, that the received view falls far short of explaining the available data to a sufficient degree. As a result, the received view is caught up in an explanatory dilemma that I dub the Continuum Puzzle. I then claim that the best way to escape this puzzle is to give up the received view’s core thesis in favor of an alternative view consistent with the empirical evidence. Reaching such an alternative will require rejecting the following pervasive but ill-motivated assumption: Differences in ambiguity processing and resolution can only be explained by there being some corresponding differences in the architecture of our mental lexicons. (shrink)

This interpretive study proposes a framework with which to explore the ethical significance of classroom-based literacy practices. Overly narrow views of literature as a source of role models or moral precepts take insufficient account of the complexity of text and experience. Through analyses of telling examples from student writing and discussion in response to literature, the occurrence and interaction of six forms of ethical engagement are documented: judging, distancing, empathizing, affiliating, disclosing and resisting. The study concludes that ethical matters are (...) interwoven with the socially accomplished, situated work of engaging with literature and with specific pedagogical structures. (shrink)

The author reviews the contents of the ten articles by j l austin which appear in the volume "philosophical papers". She tries to "single out what is unique about his contribution, In particular what features of his procedure, Falling as it does under the general classification 'linguistic analysis', Were so distinctive as to win for it the attention accorded to a new departure." (staff).

This paper investigates the way in which the sexuality of women has been posited in relation to rats as experimental subjects, exploring the stakes of a scientific debate that takes the social world of female sexuality as its focus and as a political problem. Studies that purport to understand female sexuality by investigating rat behavior rely on problematic assumptions about sovereign agents motivating sexual behavior. Such studies also aim to do away with so-called deviant sexual behaviors and, as a consequence, (...) gay people. Theories of agential realism and hybridity serve as counterforces to these inherently repressive perspectives by insisting on the multiple determinations of sexuality and subjectivity among women. (shrink)

The ArgumentThis paper applies the approach developed by the congnitive sciences to a classical field of social anthropology—i.e., the analysis of represetations and behaviors relative to misfortune in “traditional” societies.The initial argument is that the conceptual division and the modes of description and explanation of anthropology suffer from serious weaknesses: these concepts cannot serve to understand empirical phenomena ; they rely on a confused and erroneous conception of the different domains involved and the causalities between them; and they use simplistic (...) hypotheses about the existence and causal status of the entities that usually form the ultima ratio of anthropological reasoning. These entities would directly “cause” other individual representations or behaviors. This simplification also affects the analysis of states of belief in these entities, to which individuals would supposedly “adhere”.I argue here that the cognitivist approach, within a “methodological individualism” framework, provides a more adequate description of phenomena observed in the field. This enables the various levels and domains to be more finely defined. The analysis of “typical” utterances and inferences in a “tranditional” society, the Senufo of the Ivory Coast, is here used to clarify these anthropological problems. Two levels can be distinguished: a priori representations, which are underdetermined, enabling them to occur within valid inferences; perception and/or action, which obeys different cognitive constraints. The existential status of unobservable entities appearing in causal inferences is not equivalent depending on whether they are determined as antecedent or consequent.This paper suggests a theory of interpretive processes and beliefs having flexible references, because they are incomplete and domain-specific. It allows a comparison with facts observed in Western societies. It is also in contrast to the ordinary conception of religious states of belief — i.e., these states would be purely psychological, states of “adherence,” collective, autonomous, obligatory, part of a systemized set of knowledge; collective notions would here logically precede individual representations. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.